Namasivayam.G v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.06.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD) No.10926 of 2023 and W.M.P(MD)No.9567 of 2023 G.Namasivayam ... Petitioner Vs.

1.The District Collector, O/o. District Collectorate, Trichy District, Trichy.

2.The Thasildar, Thottiam Taluk, Trichy District.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the entire records which culminated in the proceedings in 1/6

Na.Ka.No.A4/25312/2022 dated 09.092022 on the file of the first respondent, quash the same and consequently direct the respondents to appoint the petitioner on compassionate grounds in any suitable post befitting to his educational qualification.

For Petitioner : Mr.George Stephen Kanikkairaj For Respondents : Mr.J.Ashok Additional Government Pleader

ORDER

The present writ petition has been filed challenging the impugned proceedings dated 09.092022 of the first respondent and consequently direct the respondents to appoint the petitioner on compassionate grounds in any suitable post befitting to his educational qualification.

2. Heard Mr.George Stephen Kanikkairaj, learned counsel for the petitioner and Mr.J.Ashok, learned Additional Government Pleader appearing for the respondents.

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3. The petitioner's father Gurunathan died on 24.06.2009. The learned counsel for the petitioner submitted that the mother of the petitioner has filed an application on 17.08.2010 and a communication has been established and order has been passed on the said application on 23.02.2016 stating that when the application was made, the petitioner's sister, on whose behalf the application was filed, was a minor.

4. After several years, the petitioner has filed another application in the year 2022 stating that he is the son of the deceased and that he is entitled to seek compassionate appointment. It would have been appreciated if the petitioner has substituted himself, at the time when the application filed by his mother on behalf of daughter, was taken up for consideration. The petitioner has filed the application after the first application was dismissed and I do not find any reason for interference.

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5. Hence, the Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. 12.06.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No RM 4/6

To 1.The District Collector, O/o.District Collectorate, Trichy District, Trichy.

2.The Thasildar, Thottiam Taluk, Trichy District.

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R.N.MANJULA , J.

RM Order made in W.P.(MD)No.10926 of 2023 Dated:

12.06.2024 6/6